国际组织缔约权行使机关问题初探

Preliminary Exploration of the Issue about Executive Authorities with a Treaty-making Competence among the International Organizations

国际组织具有缔约能力已越来越受到国际社会的普遍承认。然而这一能力必须通过组织内部某些机构行使缔约权才能加以实现。有关国际组织缔约权的行使机关的理论，主要有全会性机构行使缔约权说，执行性机构行使缔约权说以及秘书处行使缔约权说。但从实践来看，这三种学说都不免存在以偏概全的弊端。通过对实践的考察，本文认为，在章程缺乏规定的情形下，国际组织的备机构分别在其具有最终决定权的事项方面有权代表组织对外缔结条约。

The treaty-making competence of international organizations has increasingly been recognized by interna-tional society. However, it can only be realized through internal organs of international organizations by exercising the treaty-making competence. The theories concerning the organ endowed with the treaty-making competence include the theory in favor of the plenary authority, the theory in favor of the executive body, and the theory in favor of the Secretariat. In fact, these three theories are not invariable applicable. From the practice of international organizations, it may safely conclude that the treaty-making competence is in principle vested in the authority which has the final word on the same matters as the treaty will be made, unless the constituent instrument contains any provisions concerning the treaty-making power.